We prove that for every Scott set S there are S-saturated real closed fields and S-saturated models of Presburger arithmetic.

We examine the relationship between two different notions of a structure being Scott set saturated and identify sufficient conditions which guarantee that a structure is uniquely Scott set saturated. We also consider theories representing Scott sets; in particular, we identify a sufficient condition on a theory T so that for any given countable Scott set there exists a completion of T that is saturated with respect to the given Scott set. These results extend Scott's (...) characterization of countable Scott sets via models and completions of Peano arithmetic. (shrink)

No semantic theory satisfying certain natural constraints can identify the semantic contents of sentences (the propositions they express), with sets of circumstances in which the sentences are true–no matter how fine-grained the circumstances are taken to be. An objection to the proof is shown to fail by virtue of conflating model-theoretic consequence between sentences with truth-conditional consequence between the semantic contents of sentences. The error underlines the impotence of distinguishing semantics, in the sense of a truth-based theory of logical consequence, (...) and semantics, in the sense of a theory of meaning. (shrink)

The brief, practical texts in the Essentials of Qualitative Methods series introduce social science and psychology researchers to key approaches to capturing phenomena not easily measured quantitatively, offering exciting, nimble opportunities to gather in-depth qualitative data. In this book, Scott D. Churchill introduces readers to existential phenomenological research, an approach that seeks an in-depth, embodied understanding of subjective human existence that reflects a person's values, purposes, ideals, intentions, emotions, and relationships. This method helps researchers understand the lives and needs (...) of others by helping identify and set aside theoretical and ideological prejudgments. About the Essentials of Qualitative Methods book series: Even for experienced researchers, selecting and correctly applying the right method can be challenging. In this groundbreaking series, leading experts in qualitative methods provide clear, crisp, and comprehensive descriptions of their approach, including its methodological integrity, and its benefits and limitations. Each book includes numerous examples to enable readers to quickly and thoroughly grasp how to leverage these valuable methods. (shrink)

How philosophy transformed human knowledge and the world we live in Philosophical investigation is the root of all human knowledge. Developing new concepts, reinterpreting old truths, and reconceptualizing fundamental questions, philosophy has progressed—and driven human progress—for more than two millennia. In short, we live in a world philosophy made. In this concise history of philosophy's world-shaping impact, Scott Soames demonstrates that the modern world—including its science, technology, and politics—simply would not be possible without the accomplishments of philosophy. Firmly rebutting (...) the misconception of philosophy as ivory-tower thinking, Soames traces its essential contributions to fields as diverse as law and logic, psychology and economics, relativity and rational decision theory. Beginning with the giants of ancient Greek philosophy, The World Philosophy Made chronicles the achievements of the great thinkers, from the medieval and early modern eras to the present. It explores how philosophy has shaped our language, science, mathematics, religion, culture, morality, education, and politics, as well as our understanding of ourselves. Philosophy's idea of rational inquiry as the key to theoretical knowledge and practical wisdom has transformed the world in which we live. From the laws that govern society to the digital technology that permeates modern life, philosophy has opened up new possibilities and set us on more productive paths. The World Philosophy Made explains and illuminates as never before the inexhaustible richness of philosophy and its influence on our individual and collective lives. (shrink)

Religion is not an evolutionary adaptation per se, but a recurring by-product of the complex evolutionary landscape that sets cognitive, emotional and material conditions for ordinary human interactions. Religion involves extraordinary use of ordinary cognitive processes to passionately display costly devotion to counterintuitive worlds governed by supernatural agents. The conceptual foundations of religion are intuitively given by task-specific panhuman cognitive domains, including folkmechanics, folkbiology, folkpsychology. Core religious beliefs minimally violate ordinary notions about how the world is, with all of its (...) inescapable problems, thus enabling people to imagine minimally impossible supernatural worlds that solve existential problems, including death and deception. Here the focus is on folkpsychology and agency. A key feature of the supernatural agent concepts common to all religions is the triggering of an "Innate Releasing Mechanism," or “agency detector,” whose proper domain encompasses animate objects relevant to hominid survival - such as predators, protectors and prey - but which actually extends to moving dots on computer screens, voices in wind, faces on clouds. Folkpsychology also crucially involves metarepresentation, which makes deception possible and threatens any social order; however, these same metacognitive capacities provide the hope and promise of open-ended solutions through representations of counterfactual supernatural worlds that cannot be logically or empirically verified or falsified. Because religious beliefs cannot be deductively or inductively validated, validation occurs only by ritually addressing the very emotions motivating religion. Cross-cultural experimental evidence encourages these claims. (shrink)

The article rebutts Michael Kremer’s contention that Russell’s contextual definition of set-theoretic language in Principia Mathematica constituted the ontological achievement of eliminating commitment to classes. Although Russell’s higher-order quantifiers, used in the definition, need not range over classes, none of the plausible substitutes provide a solid basis for eliminating them. This point is used to defend the presentation, in The Dawn of Analysis, of Russell’s logicist reduction, using a first-order version of naive set theory.

In a majority rule voting game, the uncovered set is the set of alternatives each of which can defeat every other alternative in the space either directly or indirectly at one remove. Research has suggested that outcomes under most reasonable agenda processes (both sincere and sophisticated) will be confined to the uncovered set. Most research on the uncovered set has been done in the context of voting games with a finite number of alternatives and relatively little is known about the (...) properties of the uncovered set in spatial voting games.We examine the geometry of the uncovered set in spatial voting games and the geometry of two important subsets of the uncovered set, the Banks set and the Schattschneider set. In particular, we find both general upper and lower limits on the size of the uncovered set, and we give the exact bounds of the uncovered set for situations with three voters. For situations with three voters, we show that the Banks set is identical to the uncovered set. (shrink)

This is a critical introduction to modern French philosophy, commissioned from one of the liveliest contemporary practitioners and intended for an English-speaking readership. The dominant 'Anglo-Saxon' reaction to philosophical development in France has for some decades been one of suspicion, occasionally tempered by curiosity but more often hardening into dismissive rejection. But there are signs now of a more sympathetic interest and an increasing readiness to admit and explore shared concerns, even if these are still expressed in a very different (...) idiom and intellectual context. Vincent Descombes offers here a personal guide to the main movements and figures of the last forty-five years. He traces over this period the evolution of thought from a generation preoccupied with the 'three H's' - Hegel, Husserl and Heidegger, to a generation influenced since about 1960 by the 'three masters of suspicion' - Marx, Nietzsche and Freud. In this framework he deals in turn with the thought of Sartre, Merleau-Ponty, the early structuralists, Foucault, Althusser, Serres, Derrida, and finally Deleuze and Lyotard. The 'internal' intellectual history of the period is related to its institutional setting and the wider cultural and political context which has given French philosophy so much of its distinctive character. (shrink)

A consideration of the work of Talcott Parsons sets the scene for subsequent debates on neofunctionalist, symbolic interactionist, rational choice, and conflict theories, together with recent developments in structuralism and post-structuralism. This second editon has been re-cast and updated to give a fuller discussion of the syntheses produced by Anthony Giddens and Jürgen Habermas, tracing their lineage back to Parsons's framework. It considers the various views of modern society depicted in these syntheses and it reviews the wider debates on modernity (...) and post-modernity. The central argument of the book is that advances in sociological understanding arise from the synthesis of rival ideas, and it concludes with an exploration of those areas in which sociological theory is in need of further development."--pub. desc. (shrink)

In this collection of recent and unpublished essays, leading analytic philosopher Scott Soames traces milestones in his field from its beginnings in Britain and Germany in the late nineteenth and early twentieth century, through its subsequent growth in the United States, up to its present as the world's most vigorous philosophical tradition. The central essay chronicles how analytic philosophy developed in the United States out of American pragmatism, the impact of European visitors and immigrants, the midcentury transformation of the (...) Harvard philosophy department, and the rapid spread of the analytic approach that followed. Another essay explains the methodology guiding analytic philosophy, from the logicism of Frege and Russell through Wittgenstein's linguistic turn and Carnap's vision of replacing metaphysics with philosophy of science. Further essays review advances in logic and the philosophy of mathematics that laid the foundation for a rigorous, scientific study of language, meaning, and information. Other essays discuss W.V.O. Quine, David K. Lewis, Saul Kripke, the Frege-Russell analysis of quantification, Russell's attempt to eliminate sets with his "no class theory," and the Quine-Carnap dispute over meaning and ontology. The collection then turns to topics at the frontier of philosophy of language. The final essays, combining philosophy of language and law, advance a sophisticated originalist theory of interpretation and apply it to U.S. constitutional rulings about due process. (shrink)

Video‐recording healthcare interactions provides important opportunities for research and service improvement. However, this method brings about tensions, especially when recording sensitive topics. Subsequent reflection may compel the researcher to engage in ethical and moral deliberations. This paper presents experiences from a South African genetic counselling study which made use of video‐recordings to understand communicative processes in routine practice. Video‐recording as a research method, as well as contextual and process considerations are discussed, such as researching one's own field, issues of trust (...) and anonymity, the challenge of providing true informed consent and capturing details which may cause psychological harm. Several recommendations for research practice in diverse healthcare settings are made. This includes the value of reflective pieces, the importance of retrospective consent, disclosure of the limitations to anonymity, as well as the collective responsibility of those involved to produce ethical research. These recommendations have value for genetic counselling and other healthcare fields. (shrink)

In this essay, we give a theoretical overview of how humor can play a meta-argumentative role, particularly in making clear the norms and stakes of arguments. This, we think, has salutary consequences for teaching critical thinking and argument evaluation—humor is a useful tool for making those things clear. However, there are troubling features of humor’s functions that problematize its use in teaching settings. These are what we call the cruelty, audience, accessibility, and gender gap problems for humor as a pedagogical (...) tool. (shrink)

The Uniqueness thesis says that any body of evidence E uniquely determines which doxastic attitude is rationally permissible regarding some proposition P. Permissivists deny Uniqueness. They are charged with arbitrarily favouring one doxastic attitude out of the set of attitudes they regard as rationally permissible. Simpson claims that an appeal to differences in cognitive abilities can remove the arbitrariness. I argue that it can't. Impermissivists face a challenge of their own: The problem of fine distinctions. I suggest that meeting this (...) challenge requires impermissivists to loosen up at higher levels – when comparing belief-forming systems that differ in the fineness of their doxastic outputs. This more relaxed take on Uniqueness is a kind of ‘intraspecies impermissivism’. (shrink)

Is propositional religious faith constituted by belief? Recent debate has focussed on whether faith may be constituted by a positive non‐doxastic cognitive state, which can stand in place of belief. This article sets out and defends the doxastic theory. We consider and reject three arguments commonly used in favour of non‐doxastic theories of faith: (1) the argument from religious doubt; (2) the use of ‘faith’ in linguistic utterances; and (3) the possibility of pragmatic faith. We argue that belief is required (...) to maintain a distinction between genuine faith, pretend faith, and fictionalist faith. (shrink)

Scott Warren’s ambitious and enduring work sets out to resolve the ongoing identity crisis of contemporary political inquiry. In the Emergence of Dialectical Theory, Warren begins with a careful analysis of the philosophical foundations of dialectical theory in the thought of Kant, Hegel, and Marx. He then examines how the dialectic functions in the major twentieth-century philosophical movements of existentialism, phenomenology, neomarxism, and critical theory. Numerous major and minor philosophers are discussed, but the emphasis falls on two of the (...) greatest dialectical thinkers of the previous century: Maurice Merleau-Ponty and Jürgen Habermas. Warren’s shrewd critique is indispensable to those interested in the history of social and political thought and the philosophical foundations of political theory. His work offers an alternative for those who find postmodernism to be at a philosophical impasse. (shrink)

Although "the Socratic method" is commonly understood as a style of pedagogy involving cross-questioning between teacher and student, there has long been debate among scholars of ancient philosophy about how this method as attributed to Socrates should be defined or, indeed, whether Socrates can be said to have used any single, uniform method at all distinctive to his way of philosophizing. This volume brings together essays by classicists and philosophers examining this controversy anew. The point of departure for many of (...) those engaged in the debate has been the identification of Socratic method with "the elenchus" as a technique of logical argumentation aimed at refuting an interlocutor, which Gregory Vlastos highlighted in an influential article in 1983. The essays in this volume look again at many of the issues to which Vlastos drew attention but also seek to broaden the discussion well beyond the limits of his formulation. Some contributors question the suitability of the elenchus as a general description of how Socrates engages his interlocutors; others trace the historical origins of the kinds of argumentation Socrates employs; others explore methods in addition to the elenchus that Socrates uses; several propose new ways of thinking about Socratic practices. Eight essays focus on specific dialogues, each examining why Plato has Socrates use the particular methods he does in the context defined by the dialogue. Overall, representing a wide range of approaches in Platonic scholarship, the volume aims to enliven and reorient the debate over Socratic method so as to set a new agenda for future research. Contributors are Hayden W. Ausland, Hugh H. Benson, Thomas C. Brickhouse, Michelle Carpenter, John M. Carvalho, Lloyd P. Gerson, Francisco J. Gonzalez, James H. Lesher, Mark McPherran, Ronald M. Polansky, Gerald A. Press, François Renaud, and W. Thomas Schmid, Nicholas D. Smith, P. Christopher Smith, Harold Tarrant, Joanne B. Waugh, and Charles M. Young. (shrink)

Psychedelic treatments, particularly 3,4-methylenedioxymethamphetamine (MDMA)-assisted and psilocybin-assisted therapies, have recently seen renewed interest in their clinical potential to treat various mental health conditions. Clinical trials for both MDMA-assisted and psilocybin-assisted therapies have shown to be highly efficacious for post-traumatic stress disorder and major depression. Recent research trials for psychedelic-assisted therapies (PAT) have demonstrated that although they are resource-intensive, their effects are rapid-acting, durable and cost-effective. These results have generated enthusiasm among researchers seeking to investigate psychedelic therapies in active-duty service members (...) of the US military, particularly those with treatment refractory mental health conditions. At the same time, psychedelics remain in early stages of clinical investigation, have not yet achieved regulatory approval for general clinical use and may confer unique psychological and neurobiological effects that could raise novel ethical considerations when treating active-duty service members. Should psychedelics achieve regulatory approval, military relevant considerations may include issues of access to these treatments, appropriate procedures for informed consent, confidentiality standards, and possible unanticipated mental health risks and other psychological sequelae. A service member’s deployability, as well as their ability to return to full military duty following PAT, may also be of unique concern. The authors argue that MDMA-assisted therapy currently represents a promising treatment that should be more rapidly investigated as a clinical therapy for service members while still taking a measured approach that accounts for the many military-specific uncertainties that remain. (shrink)

Potts (2005) and many subsequent works have argued that the semantic content of appositive (non-restrictive) relative clauses, e.g., the underlined material in John, who nearly killed a woman with his car, visited her in the hospital, must be in some way separate from the content of the rest of the sentence, i.e., from at-issue content. At the same time, there is mounting evidence from various anaphoric processes that the two kinds of content must be integrated into a single, incrementally evolving (...) semantic representation. The challenge is how to reconcile this informational separation with these pervasive anaphoric connections. We propose a dynamic semantic account that accomplishes this by taking appositive and at-issue content to involve two different kinds of updates to the Context Set (CS). Treating the context set as a distinguished propositional variable, pcs, we argue that appositives directly impose their content on the CS by eliminating possible values assigned to pcs. In contrast, we treat at-issue assertions as introducing a new propositional dref and proposing that pcs be updated with its content, subject to addressee's response. In addition to capturing the behavior of appositives in discourse, we show that the account can be extended to capture the projection of appositive content past various sentential operators. (shrink)

From a Michigan professor of law and philosophy, a thought-provoking investigation into life's biggest questions with the help of great philosophers old and new-including his two young children. Like any new parent, Scott Hershovitz closely observed his two young sons, Rex and Hank, from their early days. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. Children find the world a puzzling place, so they try to puzzle it out. (...) Often, that leads to profound insight. Sometimes, they recreated ancient arguments. Sometimes, they advanced novel views. Kids are natural philosophers, Hershovitz realized. Indeed, they are some of the best around. With great humor and storytelling, Hershovitz follows an agenda set by Rex and Hank, canvassing pressing questions about rights, revenge, authority, sex, gender, race, knowledge, truth, and other daunting mysteries most grown-ups mostly ignore. Through the lens of his sons' curiosity, Hershovitz takes us on an engaging tour through contemporary and classic philosophy. We all want our children to think deeply about themselves, the world around them, and their place within it. Hershovitz calls on us to support our kids' philosophical adventures. But more than that, he challenges us to join up to them, so that we can become better, more discerning thinkers and recapture some of the wonder kids have at the world. (shrink)

Speech act theory seems to provide a promising avenue for the analysis of the functional organization of argument. The theory, however, might be taken to suggest that arguments are a homogenous class of speech act with a specifiable illocutionary force and a single set of felicity conditions. This suggestion confuses the analysis of the meaning of speech act verbs with the analysis of the pragmatic structure of actual language use. Suggesting that arguments are conveyed through a homogeneous class of linguistic (...) action overlooks the way in which the context of activity and the form of expression organize the argumentative functions performed in using language. An alternative speech act analysis would treat folk terminology as a heuristic entry point into the development of a technical analysis of the myriad argumentative functions and structures to be found in natural language use. This would lead to a thorough-going pragmatic analysis of the rational and functional design of speech acts in argumentation. (shrink)

This article draws attention to the nature and importance of public policy. It argues that if nurses are to influence the quality of healthcare effectively, they must be engaged with policymakers to get nursing care issues on the policy agenda. There is an ethical imperative to do so, driven by the advocacy role of the nurse and rooted in the values base of nursing. In addition, it is argued that if one takes the role of patient advocacy seriously, as core (...) to the nursing role, two things are required of nurses: We must (a) broaden the conceptualisation of patient advocacy beyond the individual patient to the system of healthcare resourcing and provision and (b) see systemic change as important as change at the bedside. (shrink)

Mark Nelson argues that we have no positive epistemic duties. His case rests on the evidential inexhaustibility of sensory and propositional evidence—what he calls their ‘infinite justificational fecundity’. It is argued here that Nelson’s reflections on the richness of sensory and propositional evidence do make it doubtful that we ever have an epistemic duty to add any particular beliefs to our belief set, but that they fail to establish that we have no positive epistemic duties whatsoever. A theory of epistemic (...) obligation based on Kant’s idea of an imperfect duty is outlined. It is suggested that such a theory is consistent with the inexhaustibility of sensory and propositional evidence. Finally, one feature of our epistemic practice suggestive of the existence of imperfect epistemic duties is identified and promoted. (shrink)

In the current landscape, child care is increasingly being seen as a place for early education, and systems are largely bundling child care in the Early Care and Education sphere through funding and quality measures. As states define school readiness and quality, they often miss critical elements, such as equitable access to quality and cultural traditions. This article provides a summary of the various definitions and structures of child care. It also discusses how the current child care policy conversation can (...) and ought to be infused with a framework grounded in the context of institutional racism and trauma. Models and examples will explore the differences between state government regulations, and how those differ than the regulation and structure of child care in Indian Country. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 38.4 (2000) 503-528 [Access article in PDF] Occasionalism and Occasional Causation in Descartes' Philosophy David Scott University of Victoria According to Descartes, the physical world's contact with the mind is through the sense organs and the brain, although the mechanics of this contact is by no means clear. Indeed, for many the idea that the physical world can act upon the mind (...) at all is a complete mystery on Descartes' principles, not least because the difference between the spatial and divisible nature of body and the non-spatial and indivisible nature of mind seems to preclude the possibility of body-mind contact or of a mechanism for such contact.1 Despite this, however, Descartes repeatedly affirms that body and mind interact causally. He claims that the fact of their disparate natures poses no special difficulty, and he even affirms that the mind and body can form a union (in the case of the human being).2In this paper I wish to examine two issues pertaining to the body-mind relation in Descartes' philosophy. First, I ask whether Descartes advances body-mind occasionalism: is there evidence in his writings of the view that bodies are not genuine causes of sensations, but are mere 'occasions' for God's production of sensations? Recently, it has been urged that Descartes begins his career as a body-mind causal interactionist, but perhaps ends as an occasionalist.3 [End Page 503] In Section 1 of what follows I argue against this. I attempt to show both that Descartes never strays from the body-mind interactionism which he is generally thought to espouse, and that he would undermine his proof of the material world if he did. The second issue I deal with concerns a position closely related to occasionalism which Steven Nadler has recently identified as body-mind "occasional causation."4 In Section 2 of the following I provide an interpretation of occasional causation as it appears in Descartes' reply to Regius in the Comments on a Certain Broadsheet. I argue that Descartes' occasional causation amounts to a form of interactionism which I term "inefficacious body-mind transmissionism." 1. Does Descartes Espouse Body-Mind Occasionalism? 1.1. Daniel Garber's Case for Descartes' Move Toward Body-Mind Occasionalism Occasionalism, roughly defined, is a doctrine according to which God's will is the only genuine efficient or productive cause that exists, and all other so-called 'causes' are really just 'occasions' for the exercise of that will.5 As Daniel Garber understands the term in "Descartes and Occasionalism," an occasional cause is "a cause whose effect is produced through the activity of God," and not through the exercise of any causal power within finite things.6 Body-mind occasionalism is a logical inevitability in Descartes' philosophy, Garber claims, because for Descartes "God is responsible for all motion in the inanimate world."7 The idea is that because there is no causal action on the part of bodies, bodies cannot act causally on anything, let alone minds.8Because for Garber body-body occasionalism is "as clear as anything" in Descartes' philosophy, he sets out to find evidence in Descartes' writings for [End Page 504] the body-mind occasionalism which it implies. It is Garber's case for body-mind occasionalism that I contest below, where I argue that Descartes remains a body-mind interactionist throughout his life. Clearly, my assessment of Descartes puts me at odds with Garber's more general view that Descartes is a body-body occasionalist, at least on the assumption that Descartes has a logically consistent position on body-body and body-mind causation. For, to reiterate Garber's point, to be logically consistent overall Descartes cannot be both a body-body occasionalist and a body-mind interactionist. Of course, Garber and I need not be at odds on body-body occasionalism; for since we need not assume that Descartes is logically consistent, he and I could say that Descartes as a matter of historical fact holds both positions. Within the confines of... (shrink)

Quine and Kripke's Wittgenstein both present “skeptical” arguments for the conclusion that there are no facts about meaning. In each case the argument for the conclusion is that if there are facts about meaning, then they must be determined by some more fundamental facts, but facts about meaning are not determined by any such facts. Consequently there are no facts about meanings. Within this overall framework, Quine and Kripke's Wittgenstein differ substantially — both in their reasons for thinking that facts (...) about meaning are not determined by other facts, and in their responses to the alleged elimination of these facts. Despite this, I believe that their arguments fail for essentially the same reason; each equivocates about what it means for one set of facts to determine another. Once the equivocation is eliminated, the arguments lose their plausibility. (shrink)

This volume offers a critical appreciation of the work of 16 leading curriculum theorists through critical expositions of their writings. Written by a leading name in Curriculum Studies, the book includes a balance of established curriculum thinkers and contemporary curriculum analysts from education as well as philosophy, sociology and psychology. With theorists from the UK, the US and Europe, there is also a spread of political perspectives from radical conservatism through liberalism to socialism and libertarianism. Theorists included are: John Dewey, (...) Lev Vygotsky, Ralph Tyler, Joseph Schwab, Jerome Bruner, Maxine Greene, Basil Bernstein, Micheal Foucault, Paul Hirst, Donald Schon, Lawrence Stenhouse, Elliott Eisner, John White, Michael Apple, Henry Giroux and Robin Usher. This book is ideal for students looking for an introduction to some of the key educational thinkers of our time. It can also be used as a companion volume to the Routledge four-volume set on Curriculum Theory , 2003, which is also edited by David Scott. (shrink)

On the Nature of Photographic Realism’ Kendall Walton argues that lack of mental-state involvement in the formation of photographic images is a quality that sets them apart from handmade images such as paintings or sketches. This paper defends and substantially develops this idea. It argues that viewers' knowledge of this objective character of the photographic process provides them with special warrant for the acceptance of first-order perceptual beliefs formed as a result of viewing photographic images. As well, it distinguishes between (...) two different ways in which mental states can be involved in the formation of photographic images, and uses this distinction to ward off the objection that decisions about film type, composition, moment of exposure, etc. undermine the objectivity of the photographic process. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...) in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

Scientific and medical practice both relate to and differ from each other, as do discussions of how to handle decisions under uncertainty in the laboratory and clinic respectively. While studies of science have pointed out that scientific practice is more complex and messier than dominant conceptions suggest, medical practice has looked to the rigour of scientific and statistical methods to address clinical uncertainty. In this article, we turn to epistemological studies of the laboratory to highlight how clinical practice already has (...) strategies for dealing with messiness. We draw on Hans-Jo ̈rg Rheinberger’s Toward a History of Epistemic Things, in which he invokes the metaphor of a spider’s web to explain the role of tacit practices in experimental biochemistry for helping practitioners manage messiness. We argue that diagnostic practices in clinical medicine employ similar, albeit codified, procedures to evaluate epistemic significance, ensure sensitivity to the unforeseen, and allow focused grounds for action. We consider three practices: (a) the pre-set structure of medical records, ensuring broad coverage in initial anamnesis, (b) the use of lists of differential diagnoses and ongoing ‘anchoring and adjusting’ as inquiry progresses, and (c) shared decision-making as an occasion to synthesize empirical evidence and reopen inquiry for potential missed information. We end by suggesting that while philosophy of medicine may learn from laboratory epistemology, the sciences may learn something from medical practice. (shrink)

We initiate the study of a generalization of Kim-independence, Conant-independence, based on the notion of strong Kim-dividing of Kaplan, Ramsey and Shelah. A version of Conant-independence was originally introduced to prove that all [Formula: see text] theories are [Formula: see text]. We introduce an axiom on stationary independence relations, essentially generalizing the “freedom” axiom in some of the free amalgamation theories of Conant, and show that this axiom provides the correct setting for carrying out arguments of Chernikov, Kaplan and Ramsey (...) on [Formula: see text] theories relative to a stationary independence relation. Generalizing Conant’s results on free amalgamation to the limits of our knowledge of the [Formula: see text] hierarchy, we show using methods from Conant as well as our previous work that any theory where the equivalent conditions of this local variant of [Formula: see text] holds is either [Formula: see text] or [Formula: see text] and is either simple or [Formula: see text]. We observe that these theories give an interesting class of examples of theories where Conant-independence is symmetric. This includes all of Conant’s examples, the small cycle-free random graphs of Shelah, and the (finite-language) [Formula: see text]-categorical Hrushovski constructions of Evans and Wong. We then answer Conant’s question on the existence of non-modular free amalgamation theories. We show that the generic functional structures of Kruckman and Ramsey are examples of non-modular free amalgamation theories. We also show that any free amalgamation theory is [Formula: see text] or [Formula: see text], while an [Formula: see text] free amalgamation theory is simple if and only if it is modular. Finally, we show that every theory where Conant-independence is symmetric is [Formula: see text]. Therefore, symmetry for Conant-independence gives the next known neostability-theoretic dividing line on the [Formula: see text] hierarchy beyond [Formula: see text]. We explain the connection to some established open questions. (shrink)

It is generally recognized that friendship justifies a particular set of special permissions and responsibilities. However, a compelling debate has emerged regarding the question of whether we ought to believe claims about our friends that strangers would not. Advocates of epistemic partialism, such as Sarah Stroud and Simon Keller, argue that friendship ought to sometimes lead us to form beliefs that are inconsistent with what is justified from an impartial perspective. In this paper, I identify a puzzle for epistemic partialism (...) that has not received attention. The puzzle is that epistemic partialism fails to meet a publicity condition for agents to transparently endorse the doxastic practices the position recommends. If epistemic partialism is widely acknowledged as true, the goods it produces become more difficult to secure. This is not a decisive objection to epistemic partialism, but it may leave the view less convincing than alternatives. (shrink)

Introduction: Healthcare practitioners have a legal, ethical and professional obligation to obtain patient consent for all healthcare treatments. There is increasing evidence which suggests dissonance and variation in practice in assessment of decision-making capacity and consent processes. Aims: This study explores healthcare practitioners’ knowledge and practices of assessing decision-making capacity and obtaining patient consent to treatment in the acute generalist setting. Methods: An exploratory descriptive cross-sectional survey design, using an online questionnaire, method was employed with all professional groups invited via (...) email to participate. Data were collected over 3 months from July to September 2015. Survey content and format was reviewed by the liaison psychiatry team and subsequently contained five sections (demographics, general knowledge and practice, delirium context, legal aspects and education/training). Descriptive, univariate and bivariate analysis of quantitative data and qualitative content analysis of qualitative data were undertaken. Ethical considerations: The study was approved by the institutional Human Research and Ethics Committee and informed consent was taken to be provided by participants upon completion and submission of the de-identified survey. Results: In total, 86 participants engaged the survey with n = 24, exiting at the first consent question. Almost two-thirds of respondents indicated that all treatments required patient consent. Knowledge of consent and decision-making capacity as legal constructs was deficient. Decision-making capacity was primarily assessed using professional judgement and perceived predominantly as the responsibility of medical and psychology staff. A range of patient psychological and behavioural symptoms were identified as indicators requiring assessment of decision-making capacity. Despite this, many patients with delirium have their decision-making capacity assessed and documented only sometimes. Uncertain knowledge and inconsistent application of legislative frameworks are evident. Many participants were unsure of the legal mechanisms for obtaining substitute consent in patients with impaired decision-making capacity and refusing treatment. Conclusion: The legal context of decision-making capacity and consent to treatment appears complex for healthcare practitioners. Professional, ethical and legal standards of care in this context can benefit from structured education programmes and supportive governance processes. An understanding of why ‘duty of care’ is being used as a framework within the context of impaired decision-making capacity is warranted, alongside a review of the context of Duty of Care within health policy, guidance and faculty teaching. (shrink)

Kin selection, reciprocity and group selection are widely regarded as evolutionary mechanisms capable of sustaining altruism among humans andother cooperative species. Our research indicates, however, that these mechanisms are only particular examples of a broader set of evolutionary possibilities.In this paper we present the results of a series of simple replicator simulations, run on variations of the 2–player prisoner's dilemma, designed to illustrate the wide range of scenarios under which altruism proves to be robust under evolutionary pressures. The set of (...) mechanisms we explore is divided into four categories :correlation, group selection, imitation, and punishment. We argue that correlation is the core phenomenon at work in all four categories. (shrink)

The focus of this article is perceptions of elderly patients and nurses regarding patients’ autonomy in nursing practice. Autonomy is empirically defined as having two components: information received/given as a prerequisite and decision making as the action. The results indicated differences between staff and patient perceptions of patient autonomy for both components in all five countries in which this survey was conducted. There were also differences between countries in the perceptions of patients and nurses regarding the frequency with which patients (...) received information from nursing staff or were offered opportunities to make decisions. This is the second of a set of five articles published together in this issue of Nursing Ethics in which the results of this comparative research project are presented. (shrink)

What sorts of things are there in the world? Clearly enough, there are concrete, material things; but are there other things too, perhaps nonconcrete or non-material things? Some people believe that there are such things, which are often called abstract ; purported examples of such objects include numbers, properties, possible but non-actual states of affairs, propositions, and sets. Following a long-standing tradition, I shall describe persons who believe that there are abstract objects as ‘platonists’. In this paper, I shall not (...) directly address the plausibility of platonism, as compared with its rivals; instead, I shall confine my attention to one way in which some people have tried to combine platonism and theism. More specifically, I shall concentrate upon the claim that abstract objects depend upon God ontologically ; I shall argue that platonistic theists should reject DEP in favour of the claim that abstract objects exist independently of God. In order to evaluate the relative merits of DEP versus IND, it will be helpful to examine in some detail a particular articulation of DEP. When it comes to recent work on DEP, we can do no better in this regard than to examine the recent work of Thomas V. Morris and Christopher H. Menzel. According Morris and Menzel, there is a sense in which God literally creates such abstracta through engaging in intellective activities. (shrink)

Nurses are important to patients. Nurses touch people’s lives during some of the peaks and troughs of human existence. Therefore it is important that we think carefully about nurses and nursing. What do our patients require from nurses, and how do we, as a society, as nurses, and as health service leaders, meet patient need? A first step in thinking about nurses and nursing is to observe that nursing is an important health service resource that needs to be recognised, supported, (...) and protected.It is also important to recognise that nursing, as a practice, has moral values at its core. The nurse-patient relationship, which is central to the provision of nursing care, has ethical importance and is of ethical significance.Additionally, it is noted that the context within which nurses practice can shape, and be shaped by, the moral values of nursing. These moral values form what can be termed the ethical dimension of nursing. It is therefore important that we explore and examine these moral values. Codes of conduct are examples of the nursing profession’s collective attempt to express its underlying values. The institutions within which nurses work help, or hinder, the actual expression of these values in nursing practice and patient care.The interplay of these various factors needs to be recognised, in order to ensure that we as nurses, as potential patients, and as members of society understand what good nursing practice means, what it looks like in practice, and how it can be supported. This chapter sets out to identify the ethical dimension of nursing practice and signal its relevance for good nursing care and a safe, supportive patient experience. The chapters which follow provide theoretical and conceptual lenses through which to identify, analyse, and discuss ethical issues in nursing practice, with a view to providing tools for the nurse to practice in an ethically sensitive and appropriate manner. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Flight of DesireThe Conversion of Sherman AlexieScott Richard Lyons (bio)Sherman Alexie's audacious arrival onto the Native American literary scene in the early 1990s felt like the start of something new—but it was also the end of something old: namely, the Native American Renaissance (NAR).1 Younger by a generation than the graying canonized figures of preceding decades—N. Scott Momaday, James Welch, Leslie Marmon Silko, Gerald Vizenor, among others—Alexie assumed (...) the pose of an enfant terrible and suggested that his elders were trying a bit too hard to produce an ultimately inauthentic sense of traditionalism. "We've been stuck in place since House Made of Dawn," he complained to an interviewer in 1997.2 Rather than presenting his readers with sick and/or depressed Indians caught between two worlds who discover healing in cultural restoration—the dominant plotline of NAR novels—Alexie's innovative characters played basketball and blues guitar, obsessed about their crushes and classes, and worried more about fitting into the modern world than healing it with some spiritual return to ancient Indian wisdom. Stylistically and thematically, Alexie was always closer to the likes of a George Saunders or Junot Diaz than he was to the serious modernists who had [End Page 27] inspired his NAR predecessors, and his political outlook more closely resembled the "identity politics" of younger Indian academics than the "sovereignty" discourses of twentieth-century tribal councils. Alexie wielded humor and pathos to great effect and always seemed to have his finger on the pulse of newer audiences, including those of us who call Indian reservations home. Alexie's influence on everyday Native American culture has been underestimated.Born to Salish parents in 1966 and raised on and off an eastern Washing-ton reservation, Alexie has published (as of this writing) twenty-six books of poetry, fiction, and memoir, much of which has been lauded for its dark humor and tender compassion in the face of serious and challenging topics—sexual abuse, chemical addiction, parental abandonment—as well as for its "reservation realism": the sense, often reiterated by Alexie himself, that his work speaks more authentically to real Indian life than most Native American works. His first published fiction was a collection of short stories, The Lone Ranger and Tonto Fistfight in Heaven (1993), followed two years later by his first novel, Reservation Blues (1995). In 1996 Alexie published his second novel, Indian Killer, which moved in a different, darker direction. Departing reservation settings for the city of Seattle and supplanting his humor with a horror sensibility, Indian Killer is about a serial murderer who scalps his white male victims and the subsequent racial tensions that arise. In keeping with Alexie's identity politics, a significant theme of the novel is "ethnic fraud"—the claiming of false Indian identity by non-Indians—a topic that received serious treatment during the 1990s and that supplies another layer of meaning to the novel's title.3 But Indian Killer is primarily about the murder of white men, and the most that anyone could say about the moral questions it raises is that Alexie seems to have left them for the reader to decide. Arnold Krupat decided to call Indian Killer a "warning to whites."4 A decade later, Alexie published two short books, each having a foothold in the lucrative young adult (YA) genre: The Absolutely True Diary of a Part-Time Indian (2007) and Flight (2007). The former was immensely successful, critically and commercially, while the latter has barely been written about at all and has not sold as well. What explains this difference? Is True Diary simply a better book than Flight?Whenever we identify some literary text as good, great, better—or worse—than some other texts, we are obliged to answer the big, implicit question: What makes literature good? For René Girard, the answer to that question was simple: Great literature always announces the "novelistic [romanesque] truth," not the "romantic [romantique] lie" about the mediation of mimetic desire.5 The truth is that our desires are never just our own. We always imitate the desires of others, which leads to mimetic rivalry with those same models, who... (shrink)

Recent scholarship in business ethics has revealed the importance of privacy expectations as they relate to implicit privacy norms and the business practices that may violate these expectations. Yet, it is unclear how and when businesses may violate these expectations, factors that form or influence privacy expectations, or whether or not expectations have in fact been violated by company actions. This article reports the findings of three studies exploring how and when the corporate dissemination of consumer data violates privacy expectations. (...) The results indicate that consumer sentiment is more negative following intentional releases of sensitive consumer data, but the effect of data dissemination is more complex than that of company intentionality and data sensitivity alone. Companies can effectively set, and re-affirm, privacy expectations via consent procedures preceding and succeeding data dissemination notifications. Although implied consent has become more widely used in practice, we show how explicit consent outperforms implied consent in these regards. Importantly, this research provides process evidence that identifies perceived violation of privacy expectations as the underlying mechanism to explain the deleterious effects, on consumer sentiment, when company actions are misaligned with consumers’ privacy expectations. Ethical implications for companies collecting and disseminating consumer information are offered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Simulation, Subjective Knowledge, and the Cognitive Value of Literary NarrativeScott R. Stroud (bio)IntroductionLiterary narrative holds the power to move individuals to thought, reflection, action, and belief. According to a longstanding view of literature, it is this impact on the reader that leads to literary narrative being valued so highly in our culture and in others. What exactly is the value of literature? Humanists such as Peter Lamarque and Stein (...) Olsen1 argue for this value in terms of perennial themes that literature allows one to "grapple with," as opposed to cognitivist accounts that discuss the value of literary narrative in terms of conveyed truths or knowledge. One particularly important position that explains the cognitive value of literature can be labeled the "Subjective Knowledge Theory" (SKT). Such an account of literature places its value in the subjective perspectives or experiences the narrative opens up to the reader. Thus, one can gain knowledge of "what it is like" to be caught in the throes of jealousy, endangered by an opposing army, or captivated by the lure of magical prowess. Lamarque and Olsen, however, argue that SKT is fundamentally flawed in its analysis of knowledge derivable from the literary narrative and in terms of its account of literary practice.I wish to defend a version of SKT in this article. In order to do so, I make and defend the following claims. First, Lamarque and Olsen's critique of SKT relies on a conflation of two distinct types of knowledge—the knowledge provided by the simulated subjective experience and its appropriation/ generalization to forms useful for the reader's real life activities. I will argue that the former of these outcomes is due strictly to the aesthetic features of the literary narrative, whereas the second involves a non-necessary psychological reaction to the text (that is, judgments of the veracity or usefulness of the text for one's own purposes). By conflating both of these into the cognitive knowledge derivable from the text, Lamarque and Olsen's critique can [End Page 19] gain its purchase against SKT. If these two processes and the resultant sorts of knowledge are separated, then the SKT account does seem to show how literature holds value in itself and in relation to the reader's moral activities/ judgments. Second, the process of simulation is the primary means by which one can gain any type of subjective knowledge from a literary narrative. This type of knowledge will be gained by virtue of the literary narrative's aesthetic qualities, which result in a certain type of activity in the reader. Third, I will argue that the second sort of knowledge—that derived from the simulated subjective experience—results from the process of reader identification with the values, beliefs, and/or behaviors of the simulated agent. This sense of identification involves selective appropriation and generalization and will be shown not to be subject to the critiques of simple identification offered by Noël Carroll.2 It is at this stage that individuals learn what they believe they ought to value, how they ought to act, and what they should believe from their experience of simulation in reading the literary narrative. Notice that this knowledge is separate from the first sort of knowledge, which is knowledge of what it is like to experience x through y's eyes.As I elucidate and defend these claims, I hope it will become clear that this is an account that does justice to the value resident in literature and in the activities readers do after they partake in the aesthetic object of the literary narrative. Thus, I will conclude by showing how this account does not fall prey to the conflation that both critics and supporters of SKT commit in muddling the different types of knowledge available from and in relation to a literary narrative.Before I proceed, it is important that some basic concepts are clearly set forth. A narrative can be defined as any representation of two or more events over time. The number of events and the relationship among them can be as simple or complex as one likes, but the crucial aspect is that the representation supplies the... (shrink)

This integrative review aims to provide a synthesis of research findings of health-care professionals’ knowledge, attitudes and behaviours relating to patient capacity to consent to or refuse treatment within the general hospital setting. Search strategies included relevant health databases, hand searching of key journals, ‘snowballing’ and expert recommendations. The review identified various knowledge gaps and attitudinal dispositions of health-care professionals, which influence their behaviours and decision-making in relation to capacity to consent processes. The findings suggest that there is tension between (...) legal, ethical and professional standards relating to the assessment of capacity and consent within health care. Legislation and policy guidance concerning capacity assessment processes are lacking, and this may contribute to inconsistencies in practice. (shrink)

We extend the results of Laver on using inverse limits to reflect large cardinals of the form, there exists an elementary embedding Lα → Lα. Using these inverse limit reflection embeddings directly and by broadening the collection of U-representable sets, we prove structural results of L under the assumption that there exists an elementary embedding j : L → L. As a consequence we show the impossibility of a generalized inverse limit X-reflection result for X ⊆ Vλ+1, thus focusing the (...) study of L generalizations on L. (shrink)

In this article I propose to reframe debates about ideals of emotion in medicine, abandoning the current binary setup of this debate as one between ‘clinical detachment’ and empathy. Inspired by observations from my own field work and drawing on Sky Gross’ anthropological work on rituals of practice as well as Henri Lefebvre’s notion of rhythm, I propose that the normative drive of clinical practice can be better understood through the notion of attunement. In this framework individual types of emotions (...) are not, as such, appropriate or inappropriate, but are evaluated depending on their synchronicity with the specific rhythms of the practice. To set up this proposal, I show how typical arguments about emotions in medicine—what I call emotion-entity focused frameworks—are insufficient. I then draw on ethnographic observations from two orthopaedic departments and interviews with medical practitioners to show (1) how clinical practice is driven by rhythmicity, shaped in the case of orthopaedic surgery by a clinical aim of efficient, controlled intervention, and (2) how clinicians continuously refer to this drive and the flow of rhythms when evaluating inappropriate or problematic emotion. I argue that the use of a rhythm framework rather than ideals of detachment or empathy allows for a sensitivity to the complexity and situation-dependent elements of emotional ideals in clinical practice; and I end by proposing the term ‘attuned concern’—which stresses the importance of regulation and adjustment to circumstances rather than of maintaining a constant distance/involvement—as a more fitting alternative to ‘clinical detachment’. (shrink)

Several attempts have been made in the recent literature to provide a viable definition of the virtue of modesty. The most prominent of these comes from Julia Driver, who claims that modesty is the virtue of being disposed to persistently underestimate one’s self-worth despite available evidence to the contrary. In this paper, I argue that none of the recently presented definitions of modesty manage to capture its elusive nature. I argue that Driver and her critics fail to accurately define modesty (...) because they do not adequately account for the virtue’s social dimensions. Modesty is a valuable disposition for human agents to possess because it alleviates the jealousy, bitterness and other caustic emotions that arise in social contexts where our comparative merits are publicly acknowledged. This social function of modesty is often recognized, but it is consistently set aside when definitions of the virtue are presented. To correct this oversight, I propose a definition of modesty that faithfully captures our intuitions about the motives and behaviour of modest agents without failing to do justice to the social dimensions of the virtue. (shrink)

By any metric, the twentieth century university was a successful institution. However, in the twenty-first century, ongoing neoliberal educational reform has been accompanied by a growing epistemological crisis in the meaning and value of the humanities and social sciences (HaSS). Concerns have been expressed in two main forms. The governors of tertiary education systems—governments, private investors, university managers and consultancy firms—have focused on how HaSS can adapt to the perceived research needs of the 21st century. At the same time, a (...) competing set of discourses has been generated by scholars and researchers employed within the critical HaSS themselves. This article considers what these differing perspectives mean for reconceptualising HaSS for the twenty-first century. After surveying the contemporary climate, this article examines the findings of key reports on the future of the humanities from the United States, the United Kingdom and Australia. Alongside those of Western Europe, these university systems are arguably the key drivers for the global university system. It is argued that these reports provide an opportunity for emerging universities to reflect on their research priorities and developmental strategies. The article concludes with some reflections on the wider consequences of the globalising of the university system, the increase of China's influence in Asia, and ponders the prospect of post-human/ist futures of the humanities. (shrink)